966
[s. 10 contd.]
18 & 19 Vict. c. 104.
No. 1 of 1889.
Table H.
Report of Court of
Survey.
Costa,
No appeal in certain case.
Objections to constitution of Court.
Fees to be paid for certificate. Table C.
No. 10 of 1899.
MERCHANT SHIPPING.
(b) by the refusal of a certificate of clearance for an emigrant ship under the Chinese Passengers Act, 1855, or the Chinese Emigration Ordinance, 1889; or
(c) by the refusal of a certificate of clearance under this Ordinance,
the owner, agent, master, or charterer may appeal, in the manner prescribed by the general rules in Table H in the schedule to a Court of Survey constituted under this Ordinance, and, upon the constitution thereof by the Governor, such Court may make such order with respect to the costs of any such investigation as it thinks fit, and such costs shall be paid accordingly, and shall be recoverable in the same manner as costs in summary proceedings before any Stipendiary Magistrate.
(13) On such appeal, the Court of Survey shall report to the Governor on the question raised by the appeal, and the Governor, when satisfied that the requirements of the report and the provisions of the enactments have been complied with, may give the certificate required.
(14) Subject to any order made by the Court of Survey, the costs of and incidental to an appeal under this section shall follow the event.
(15) Where the survey of a ship is made for the purpose of a declaration under sub-section (8) of this section, the person appointed to make the survey shall, if so required by the owner, agent, or charterer, be accompanied on the survey by some competent person appointed by the owner, agent, or charterer, to be approved by the Governor, and in such case, if the said two persons agree, there shall be no appeal to the Court of Survey in pursuance of this section.
(16) It shall be lawful for the owner, agent, master, or charterer of any ship preferring an appeal under this section or under section 17 (5) (d) or (e), in and by the notice of appeal required by the general rules in the said Table H, to give notice that he objects to the Marine Magistrate being a member of the Court of Survey, stating the grounds of his objection, and thereupon the Harbour Master shall forthwith forward such notice to the Governor, who may, in his discretion, direct that the Marine Magistrate shall not be a member of the Court of Survey.
(17) The owner, agent, or master of every ship requiring a certificate under this section shall pay for every certificate granted by the Governor the fees mentioned in Table C in the schedule.
Page 25
Page 26
966
[s. 10 contd.]
18 & 19 Vict. c. 104.
No. 1 of 1889.
Table H.
Report of Court of
Survey.
Costa,
No appeal in certain case.
Objections to constitution of Court.
Fees to be paid for certificate. Table C.
No. 10 of 1899.
MERCHANT SHIPPING.
(b) by the refusal of a certificate of clearance for an emigrant ship under the Chinese Passengers Act, 1855, or the Chinese Emigration Ordinance, 1889; or
(c) by the refusal of a certificate of clearance under this Ordi- nance,
the owner, agent, master, or charterer may appeal, in the manner prescribed by the general rules in Table H in the schedule to a Court of Survey constituted under this Ordinance, and, upon the constitution thereof by the Governor, such Court may make such order with respect to the costs of any such investigation as it thinks fit, and such costs shall be paid accordingly, and shall be recoverable in the same manner as costs in summary proceedings before any Stipendiary Magistrate.
(13) On such appeal, the Court of Survey shall report to the Governor on the question raised by the appeal, and the Governor, when satisfied that the requirements of the report and the provisions of the enactments have been complied with, may give the certifi- cates required.
(14) Subject to any order made by the Court of Survey, the costs of and incidental to an appeal under this section shall follow the event.
(15) Where the survey of a ship is made for the purpose of a declaration under sub-section (8) of this section, the person appointed to make the survey shall, if so required by the owner, agent, or charterer, be accompanied on the survey by some com- petent person appointed by the owner, agent, or charterer, to be approved by the Governor, and in such case, if the said two per- sons agree, there shall be no appeal to the Court of Survey in pursuance of this section.
(16) It shall be lawful for the owner, agent, master, or charterer of any ship preferring an appeal under this section or under section 17 (5) (d) or (c), in and by the notice of appeal required by the general rules in the said Table H, to give notice that he objects to the Marine Magistrate being a member of the Court of Survey, stating the grounds of his objection, and thereupon the Harbour Master shall forthwih forward such notice to the Governor, who may, in his discretion, direct that the Marine Magistrate shall not be a member of the Court of Survey.
(17) The owner, agent, or master of every ship requiring a certifi- cate under this section shall pay for every certificate granted by the Governor the fees mentioned in Table C in the schedule.
I
el
ΟΙ
al
tl
to
ar
gr
wi
or
be
to
SO
is
off
suc
bu:
Page 25Page 26
No comments yet.
Private notes are available after approval.